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Illinois Juvenile Law Questions & Answers
0 Answers | Asked in Family Law and Juvenile Law for Illinois on
Q: I am 15 and concerned my mother will confiscate things I have purchased with my own money

I am selling my art and handmade items on eBay with my mother’s account and occasional help. I intend to spend my profit on an mp3 player and or video game console. Although, my mother has the tendency to take these kinds of things away from me and my siblings as punishment.

0 Answers | Asked in Juvenile Law for Illinois on
Q: Can an adult sibling over 21 take 16 year old (non driving) sibling to court for his curfew ticket instead of parents?

Teen must appear to pay $50 fine and prefer his sister take him vs parents. Is this considered a guardian in Lake County, Illinois?

2 Answers | Asked in Tax Law and Juvenile Law for Illinois on
Q: I was I n Danville IL I stoped to make a call a friend left his keys in my truck I left to take him his keys I noticed

I noticed a city cop behind me dropped off keys cop got behind me again folled me north 12miles to Bismarck IL I turned west went 3 miles torount 1 turned north he got behind me again no lights on the hole time 4 miles from Roseville he turned on lights I stoped he said I had a hitch pin in... View More

James L. Arrasmith
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answered on May 9, 2024

Based on the information provided, it seems the police officer pulled you over for an obstructed license plate due to a hitch pin. The legality of the stop depends on the specific laws in Illinois regarding license plate visibility.

In Illinois, the law (625 ILCS 5/3-413) states that...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I'm trying to gain guardianship of my grandchildren from dcfs they told me I couldn't get them but wouldn't tell me why

I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Nobody here can give you the answer because we don't know why.

Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.

2 Answers | Asked in Products Liability, Real Estate Law, Juvenile Law and Trademark for Illinois on
Q: I need representation if I’m getting misrepresented with fraud and construction

Fiduciary breach of law and trust and bribery

James L. Arrasmith
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answered on Apr 16, 2024

I understand that you are seeking legal representation for a case involving allegations of fraud and construction-related issues, as well as potential fiduciary breach of trust and bribery. Given the seriousness of these matters, it is crucial to consult with a qualified attorney who specializes in... View More

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2 Answers | Asked in Civil Rights, Education Law and Juvenile Law for Illinois on
Q: What can I do to protect my child if a boy keeps emotionally & mentally bullying her and its a private school?

Boy is an immigrant that is a classmate that has slapped my child in the face and keeps bothering my child. I spoken to the principal several time as well as the teacher but nothing has been done about it. Boy doesn't speak any English.

James L. Arrasmith
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answered on Mar 20, 2024

If your child is being bullied, your priority is her well-being and safety. Since you have already spoken to the principal and teacher without resolution, consider writing a formal complaint detailing all incidents and previous communications. Ensure that this is submitted to the school's... View More

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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Illinois on
Q: im 16 turning 17 my bf 17 turning 18. he has an open case for weed and an air soft in the car. i was there when happened

my mother wants to put an order of protection on him, will this hold up in court. there has been no physical or mental abuse. no harassing or stalking etc. She simply does not want us to continue dating or seeing eachother. his ex also has an order against him for 6 months due to harsh language... View More

James L. Arrasmith
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answered on Feb 23, 2024

In court, the validity of an order of protection depends on various factors, including evidence presented and the specific circumstances of the case. If there has been no physical or mental abuse, harassment, or stalking, and the only basis for the order is your mother's desire to prevent you... View More

2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Appeals / Appellate Law, Juvenile Law and Civil Rights for Illinois on
Q: How to file appeal in juvenile court? How to file motion to dismiss in juvenile court? What are process/outcome of each?

I am parent to children involved in juvenile court due to alleged neglect. Other parent is my spouse, we are separate parties in case. Appeal rationale?: shelter care hearing occurred without prior knowledge of process of proceedings or contents of petition, given copy of petition as court began.... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You said you hired a lawyer. These questions are complicated and your lawyer should be answering them.

1 Answer | Asked in Civil Rights and Juvenile Law for Illinois on
Q: How to fight DCFS investigator who made false claims and manipulated information?
Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

It depends on what stage the investigation is at. If it has concluded, you should have gotten a letter and your appeal rights. If you got those, you should appeal immediately and seek a hearing. If you blew the timelines, it is too late.

If you are in court and awaiting adjudication, you...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Left kids home alone, while I was at work. Cops came. charges for child neglect. Will dcf take my kids
T. Augustus Claus
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answered on Oct 17, 2023

Whether or not DCFS takes your kids depends on a number of factors, including the ages of your children, how long they were left alone, and whether or not they were in danger. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in DUI / DWI and Juvenile Law for Illinois on
Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?

Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More

Theodore J. Harvatin
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answered on Jul 5, 2023

First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.

He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal...
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1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Juvenile Law for Illinois on
Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.

I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... View More

Theodore J. Harvatin
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answered on Mar 8, 2023

If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... View More

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Illinois on
Q: I am the boyfriend of a parent and her son is being questioned, fingerprinted,etc. Why can I not go back with them?

Even though my girlfriend (the mother) wanted me to, the cop said parents only. Is this true?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2022

As you have learned , that is exactly right. As a boyfriend you are legally not a family member and have no legitimate authority to request any accommodation with respect of another person’s child.

1 Answer | Asked in Juvenile Law and Municipal Law for Illinois on
Q: Can a court system file charges without a police report?
William Wolf
William Wolf
answered on Jan 4, 2022

In short, yes.

Police have the job of investigating cases.

Prosecutors have the job of deciding whether to file charges, on which charges they should be, and whether and how to proceed on them.

There is no legal requirement, despite how unusual that may be, for...
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1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: my 1 son is a xanax addict and has just recently damaged my tv while being on drugs. Can i press charges, hes 17.

He has been a serious addict for over 1 year now. I'm not getting much help and the cops seem to keep giving him a pass on his behavior. He has even caused me to have a nervous breakdown over the summer and ended up in the hospital. He does not want rehab either. He gets sent to the hospital... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2021

You need to immediately get medical and legal assistance for your son. Consult directly with the professionals of your choice.

1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Illinois on
Q: My 13 year old gave another kid his I p and Google it upon which was sent by the other kid to a user in another state to

Which that person launched a DOS attack on the school disabling wifi. Now my child is being charged with a level 5 felony. Can this be true if he did not launch the attack?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2021

There is no such thing as "level five felony in Illinois", as Illinois has the following felony Classes: 1, 2, 3, 4, and X.

You must immediately discuss your minor's child criminal exposure off any public venue or fora with a competent licensed attorney as that situation has...
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1 Answer | Asked in Juvenile Law for Illinois on
Q: What happens if I leave me parents house at 17 in Illinois?

I will be 17 in 4 months, and I am more than ready to leave. I have to live with the person that abused me for a few years and it’s killing me. I have somewhere to stay, that is a safe, stable,loving home. I just need to know, what legal actions can be taken against me?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 29, 2021

Technically, the parent with legal parental rights may initiate a process of returning you home by contacting the police, state police or even the FBI, if you leave the State of Illinois, thus making your return a federal jurisdictional matter.

However, you may contact the local court and...
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1 Answer | Asked in Juvenile Law for Illinois on
Q: I turn 18 in 4 months and I want to move out of state to go live with my boyfriend and his mom. I live in Illinois.

He lives in Missouri. My probation is 18 months long. Is it possible I can move when I turn 18 ?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

No, you may not move out of the State of Illinois, even if you become 18, unless the terms and conditions of your Illinois probation permit that out of state move. Ask your assigned PO or the attorney who worked on your criminal case.

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